Order 230926ba1116.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [BA] NO. 1116 OF 2026. Roshan Santosh Mohite. -VERSUS- State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri D.S. Sirpurkar, Advocate for the Applicant. Shri A.B. Badar, A.P.P. for Non-applicant No.1/State. Ms S.V Bandwalkar, Advocate (Appointed) for Non-applicant No.2. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 23, 2026. Heard. 2. The applicant came to be arrested in connection with Crime No.41/2026 registered with Tamgaon Police Station, District Buldhana, for the offences punishable under Sections 64, 74, 78(1)(i), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, and Sections 3(1) (w)(i),(ii), 3(2)(va) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Rgd. 2026:BHC-NAG:12680 Order 230926ba1116.26 2 3. The first information report came to be lodged by the informant, a minor aged about 17 years, alleging that she was residing with her family and was acquainted with the accused persons, who were residing in the same locality. It is alleged that about one month prior to the incident, accused No.1 expressed his interest in the informant, which she declined. Thereafter, on 08.02.2026, at about 6:00 p.m., when the informant went to the agricultural field situated near her house, at that time the accused persons allegedly approached her, restrained her against her will, and took her in a maize field, where they used criminal force upon her and the applicant-accused Roshan disrobed her and outraged her modesty. The accused persons threatened the informant with dire consequences if she disclose about the incident. Upon raising alarm by the informant, both the accused allegedly fled from the spot. Hence, the First Information Report came to be lodged. 4. The learned Counsel for the applicant submits that this Court by order dated 21.07.2026 passed in Criminal Application (BA) No.803/2026, granted bail to the co-accused namely Vijay Jadhao. In the said order, this Court declined to Rgd. Order 230926ba1116.26 3 rely on the statement of the victim, since all her three statements had variations. He further submits that this Court observed that the statements do not inspire confidence, and therefore, this Court also tried to go through the supportive evidence in respect of the allegations made therein, however, no supportive evidence was found, as could be gathered from the said order. The learned Counsel therefore, submits that even the applicant deserves the benefit of said observations. 5. On the other hand, the learned A.P.P. and learned Counsel for the non-applicant no.2 vehemently opposed the application by submitting that the applicant is the main accused, who has committed sexual intercourse with the applicant. Putting finger in the private part amounts to rape, and accordingly the victim has disclosed the same in her statement recorded under Section 183 of the BNSS. It is submitted that though when the first information report was registered, she has not disclosed the said fact, however, she had given an explanation for not disclosing the same. They submit that even in the supplementary statement which was recorded, similar allegations as made in the Section 183 statement, were made. In such Rgd. Order 230926ba1116.26 4 circumstances, they submit that so far as the role of the present applicant is concerned, in her Section 183 Statement and supplementary statement recently recorded, the informant has disclosed that the applicant has committed rape on her, and therefore, parity cannot be made applicable to the applicant, since he is the main accused. They submit that so far as the role of co- accused, who has been granted bail by this Court is concerned, it is minimal to the extent of holding hands. They therefore, prayed for rejection of the application. 6. Upon consideration of the submissions of both sides and after perusal of the material placed before me, so also the order passed on 21.07.2026, it appears that this Court while considering the material, found that three statements were recorded at different stages, which are having material variances, therefore, those statements did not inspire confidence and accordingly the Court has considered the supportive evidence. Even the supportive evidence, like spot panchnama, etc., do not support the case of the prosecution. In the medical report it is suggested that there was hymenal tear and possibility of sexual intercourse/violence cannot be ruled out. This Court has also Rgd. Order 230926ba1116.26 5 observed in its earlier order that when statement under Section 183 and supplementary statement was recorded, it is stated that someone had arrived on the spot. However, thereafter the entire prosecution story is silent. Therefore, there are many infirmities in the entire prosecution story, including the statements of the victim. In view of this, and considering the observations recorded by this Court in order dated 21.07.2026, I am inclined to grant bail to the applicant. Hence, the following order. ORDER (i) Criminal Application is allowed and disposed of. (ii) The applicant/accused – Roshan Santosh Mohite, be released on regular bail in connection with Crime No.41/2026 registered with Tamgaon Police Station, District Buldhana, for the offences punishable under Sections 64, 74, 78(1)(i), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, and Sections 3(1) (w)(i),(ii), 3(2)(va) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on his furnishing P.R. bond in the sum of Rs.50,000/- with two solvent sureties in the like amount; Rgd. Order 230926ba1116.26 6 (iii) The accused shall not not enter within the territorial jurisdiction where the informant is residing, till the completion of the trial. (iv) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence. (v) The accused shall provide his residential address and cell number to Police Station concerned and shall not change the place of residence without prior intimation to the Investigating Agency. (vi) On commencement of the trial, the accused shall attend each and every date of trial regularly. If he fails to attend the trial on one date, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail. (vii) The above observations are prima facie in nature, and restricted for the purpose of deciding this application. The Trial Court shall not get itself influenced by said observations, during the course of trial. (viii) Misc. Applications, if any, are also disposed of. (ix) Fees of the appointed Counsel be determined and paid as per Rules. JUDGE. Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 24/09/2026 16:40:15